SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed January 22, 2018, 10:53 a.m.]

Preproposal statement of inquiry was filed as WSR 17-23-160.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-823-0025 Who can apply for DDA eligibility determination? and 388-823-0050 For DDA eligibility, who is considered to be a resident of the state of Washington?

Hearing Location(s):

Date of Intended Adoption: Not earlier than February 28, 2018.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., February 27, 2018.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by February 13, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to these rules align requirements with the health care authority's rules under Title 182 WAC, amend who can request a development disabilities administration eligibility determination, and clarify who is considered a Washington state resident.

Reasons Supporting Proposal: The proposed amendments simplify the application process for potential clients, including children receiving foster care and dependents of military service members. The proposed amendments also replace inaccurate references to cash and food assistance with residency requirements under chapter 182-503 WAC.

Statutory Authority for Adoption: RCW 71A.12.030.

Statute Being Implemented: RCW 74.04.815.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Beth Krehbiel, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1547.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 14-12-046, filed 5/29/14, effective 7/1/14)

WAC 388-823-0025Who ((can))may apply for a DDA eligibility determination?

(1) You ((must be a resident of the state of Washington, as described in WAC 388-823-0050, to))may apply for ((an))a DDA eligibility determination on your own behalf.

(2) ((The following individuals can apply))A person may submit an application for a DDA eligibility determination on your behalf if the person is:

(a) ((If a court has not appointed the child as his own decision maker, a parent or legal representative must apply on behalf of a child under the age of eighteen years))Delegated to consent to routine medical care for you under WAC 388-148-1560;

(b) ((If there is a))Your legal ((guardian of an applicant age eighteen years or older, the legal guardian must apply on behalf of the adult applicant))representative; ((or))

(c) ((If there is no legal guardian of an adult applicant age eighteen years or older, the adult applicant can apply on his/her own behalf))Your parent;

(d) Your caretaker relative under WAC 182-500-0020;

(e) Your spouse;

(f) Your authorized representative under WAC 182-503-0130; or

(g) Applying for you because a medical condition prevents you from applying on your own behalf.

(3) ((A request for eligibility determination requires the signature of the applicant or their legal representative. With the consent of the applicant, any person, agency, or advocate may assist with the application process))If your authorized representative or a person applying on your behalf submits your application, DDA will not make a final eligibility decision until DDA receives consent from:

(a) A person delegated to consent to routine medical care for you under WAC 388-148-1560;

(b) Your legal representative;

(d) Your caretaker relative under WAC 182-500-0020.

AMENDATORY SECTION(Amending WSR 14-12-046, filed 5/29/14, effective 7/1/14)

WAC 388-823-0050((For DDA eligibility, who is considered to be a resident of the state of))Do I have to be considered a Washington state resident to be eligible for DDA?

(1) You must ((live in the state of))be considered a Washington state resident to ((apply or continue to be a client of))be eligible for DDA. If ((you are a child under the age of eighteen, your primary custodian or legal guardian must also live in the state of))DDA does not consider you a Washington state resident, you are not eligible for DDA and DDA will deny or terminate your eligibility. ((Proof that you live in the state of Washington may include documentation such as a lease agreement, school records, or mail addressed to you. Such documentation will not be considered proof of residency if you have been denied medicaid or other benefits due to failure to meet residency requirements under WAC 388-468-0005.))

(2) ((DDA will not process your request for determination of eligibility or will terminate your eligibility if you do not live in the state of))You are considered a Washington state resident if you:

(a) Meet residency requirements under WAC 182-503-0520 or 182-503-0525; or

(b) Are a dependent of a military service member and legal resident under RCW 74.04.815.

(3) Evidence that you are a Washington state resident includes but is not limited to your:

(a) Lease agreement;

(b) Voter registration;

(d) Washington state identification card; or

(e) Receipt of benefits under one of the Washington public assistance or medicaid programs.

(4) If DDA learns that you are not a Washington state resident, DDA terminates your eligibility.

(5) You must inform DDA if your address changes. DDA will deny or terminate your eligibility if DDA does not learn your correct address.